Community Visitors Grant Amendment Principles 2001 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2001B00469 Not in force Legislative Instrument

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Community Visitors Grant Amendment Principles 2001 (No. 1)

I, Bronwyn Kathleen Bishop, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 5th October, 2001

BRONWYN BISHOP

Minister for Aged Care

1 Name of Principles

  These Principles are the Community Visitors Grant Amendment Principles 2001 (No. 1).

2 Commencement

  These Principles commence on gazettal.

3 Amendment of Community Visitors Grant Principles 1997

  Schedule 1 amends the Community Visitors Grant Principles 1997.

 

Schedule 1 Amendments

 

(section 3)

[1] Section 13.3, note

substitute

Note:  Definitions

 

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

  •              approved provider
  •              care
  •              care recipient
  •              community visitors grant
  •              local government authority
  •              Secretary.

[2] After Part 1

insert

Part 1A Applications for community visitors grants

13.4A Purpose of Part (Act s 82-2)

  This Part specifies the circumstances in which a body mentioned in subsection 82-2 (3) of the Act is eligible to apply for a community visitors grant.

13.4B Eligibility to apply

  A body mentioned in subsection 82-2 (3) of the Act is eligible to apply for a community visitors grant, if the body is:

 (a) a local government authority; or

 (b) a charitable or religious body.

Note   Subsection 82-2 (2) of the Act specifies how an application must be made.

[3] Paragraph 13.6 (1) (e) and the note

substitute

 (e) whether all or part of the project is to be carried out at facilities located in a rural or remote area;

 (f) for an application by a body referred to in paragraph 822 (3) (b) of the Act, whether the direct association between the applicant and the relevant approved provider would adversely affect the way in which the applicant, as an approved body, would perform its obligations under the community visitors grant agreement that would be applicable to it.

Note   The Act specifies the purposes of community visitors grants, who may make an application and how the application must be made (see subsections 82-1 and 822).

 

Overview

The Community Visitors Grant Amendment Principles 2001 (No. 1) were introduced to address the need for clearer eligibility criteria and application processes for community visitors grants under the Aged Care Act 1997. Enacted by the Minister for Aged Care, Bronwyn Kathleen Bishop, these Principles aim to amend the existing Community Visitors Grant Principles 1997 to better align with the policy objectives of the Aged Care Act. The primary objective of these Principles is to ensure that the grants are awarded to appropriate bodies, particularly local government authorities and charitable or religious bodies, while considering factors such as the location of the facilities and the potential impact on the applicant's ability to fulfil their obligations under the grant agreement. By setting out these amendment principles, the legislation seeks to improve the administration and effectiveness of community visitors grants in supporting aged care services.

Scope and Application

The Community Visitors Grant Amendment Principles 2001 (No. 1) apply to entities eligible for community visitors grants under the Aged Care Act 1997. Specifically, the legislation targets local government authorities and charitable or religious bodies, as these are the entities mentioned in subsection 82-2(3) of the Act that can apply for such grants. The scope of the amendment includes the criteria for eligibility, with particular emphasis on whether the project is to be carried out in rural or remote areas and whether the association between the applicant and an approved provider could potentially affect the applicant's obligations under the grant agreement. The application process and requirements are detailed in the Aged Care Act 1997, including how applications must be made. These principles extend the application to Commonwealth jurisdiction, aligning with the overarching provisions of the Aged Care Act 1997.

Key Provisions

The Community Visitors Grant Amendment Principles 2001 (No. 1) amend the Community Visitors Grant Principles 1997 and introduce new provisions under the Aged Care Act 1997. The Principles come into effect upon gazettal. The main operative section, Section 3, specifies that Schedule 1 amends the Community Visitors Grant Principles 1997. Notably, Part 1A of the Schedule introduces new eligibility criteria for applying for community visitors grants. Specifically, Section 13.4A outlines that eligible applicants are either a local government authority or a charitable or religious body (Section 13.4B). Additionally, Section 13.6(1)(e) and the note clarify that an application must include whether the project will be carried out in rural or remote areas and whether the association with an approved provider could affect the applicant's performance of obligations under the community visitors grant agreement. The Act imposes specific obligations on the entities eligible to apply for community visitors grants. Local government authorities and charitable or religious bodies must ensure that their applications meet the eligibility criteria outlined in the Principles. These entities must also provide detailed information regarding the location of the project and any potential conflicts of interest that could affect their ability to perform their obligations under the grant agreement. Furthermore, the Act requires applicants to adhere to the submission process outlined in subsection 82-2 of the Aged Care Act 1997. The Community Visitors Grant Amendment Principles 2001 (No. 1) do not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, any breaches of the Aged Care Act 1997, which the Principles amend, may result in penalties as prescribed by the Act. Under the Aged Care Act 1997, breaches can lead to fines and other legal consequences. For example, penalties may include fines up to $21,000 for individuals and $105,000 for bodies corporate, as per the general penalty provisions outlined in the Act. It is essential for applicants to comply with all provisions to avoid any potential legal repercussions.

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